At the jurisdictional stage, a tribunal has a limited ability to scrutinize the claims as formulated by the claimant. If the facts asserted by the claimant are capable of being regarded as alleged breaches of the IIT, the claimant should be able to have them considered on their merits

Even if the procedures required before the initiation of arbitration proceedings are not properly complied with, the consequences would be too far-reaching if – solely on this ground – a tribunal would be prevented from examining the case

Where there is no clear and persuasive evidence that it was the intention of the Contracting parties to treat breaches of contracts as such of the IIT the clause in question must be denied such an effect

An IIT may be applicable to disputes arising prior to its entry into force

Expropriation and Standards of Protection

Umbrella Clause

General Remarks

Where there is no clear and persuasive evidence that it was the intention of the Contracting parties to treat breaches of contracts as such of the IIT the clause in question must be denied such an effect

Dispute Settlement Clauses

Waiting Clauses / Duty to Attempt Settlement Before Arbitration

Consequences of Failure to Observe the Waiting Period

Even if the procedures required before the initiation of arbitration proceedings are not properly complied with, the consequences would be too far-reaching if – solely on this ground – a tribunal would be prevented from examining the case

Wide Dispute Settlement Clauses

Dispute settlement clauses do not relate to the legal basis of the claim and, therefore, cannot serve as a basis for jurisdiction

The Problem of Parallel Proceedings in Cases Where There is no Explicit Clause Avoiding Such Situations

In the absence of a clause prohibiting parallel proceedings, such proceedings are possible

Waiver of Rights Under an IIT

A contractual dispute settlement clause should be respected

Contract and Treaty Claims

Impact of Contract Claims on IIT Claims

The option of raising IIT claims before other fora has no impact on an ICSID tribunal’s jurisdiction over treaty claims

IIT proceedings need not be stayed until contract claims are addressed in another forum

Investment Treaty Arbitration

Admissibility

Prima Facie Case

At the jurisdictional stage, a tribunal has a limited ability to scrutinize the claims as formulated by the claimant. If the facts asserted by the claimant are capable of being regarded as alleged breaches of the IIT, the claimant should be able to have them considered on their merits

Vienna Convention on the Law of Treaties

Article 28 - Non-retroactivity of treaties

An IIT may be applicable to disputes arising prior to its entry into force

ICSID Convention

Jurisdiction of the Centre (Articles 25-27)

Article 25

Jurisdiction Ratione Materiae

Investment

The Parties’ Consent and “Investment” / Two-Part Test of Investment

The definition of investment within Article 25 ICSID Convention is generally left to the consent of the parties; there is, however, an objective limit to this freedom

Contracts as Investments

A pre-shipment inspection agreement is an investment because it (1) gives rise to claims for money, (2) is a public law concession, and (3) grants rights given by law and by contract

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Above you will find 11 statement(s) from this decision. Please note that when viewing the statements in their context, the same statement may appear multiple times if it is relevant for more than one topic. Did we miss something? Feel free to send us your suggestions!